Mississippi Code

Miss. Code Ann. § 75-2-617 (2026)

Force majeure

✓ current as of July 2026

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Deliveries may be suspended by either party in case of Act of God, war, riots, fire, explosion, flood, strike, lockout, injunction, inability to obtain fuel, power, raw materials, labor, containers, or transportation facilities, accident, breakage of machinery or apparatus, national defense requirements, or any cause beyond the control of such party, preventing the manufacture, shipment, acceptance, or consumption of a shipment of the goods or of a material upon which the manufacture of the goods is dependent. If, because of any such circumstance, seller is unable to supply the total demand for the goods, seller may allocate its available supply among itself and all of its customers, including those not under contract, in an equitable manner. Such deliveries so suspended shall be cancelled without liability, but the contract shall otherwise remain unaffected.

Codes, 1942, § 41A:2-617; Laws, 1966, ch. 316, § 2-617, eff. 3/31/1968.

Notes of Decisions

Cited in 5 cases, 1988–2007 · leading case: Day v. Tenneco, Inc., 696 F. Supp. 233 (S.D. Miss. 1988).

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Day v. Tenneco, Inc., 696 F. Supp. 233 (S.D. Miss. 1988). · cites it 2× “Tennessee bases its defenses on (A) the express language in the contract and (B) Mississippi’s force majeure statute, Miss.Code Ann. § 75-2-617 (1972). The contracts themselves contain force majeure clauses which Defendants argue are broader than the statute.”

R.R. Comm'n of Texas & Dos Republicas Resources Co., Inc. v. Theodosia Coppock, Juanita Alvarado, Guadalupe Davila, & Kickapoo Traditional Tribe of Texas (Tex. App. 2006). “at 235-36 (citing former Miss. Code Ann. § 75-2-617 (1972)). However, as discussed previously, this case does not involve a contract dispute, and Dos Republicas is not attempting to avoid an obligation by invoking a statute excusing performance under a contract.”

R.R. Comm'n of Texas & Dos Republicas Resources Co., Inc. v. Theodosia Coppock, Juanita Alvarado, Guadalupe Davila, & Kickapoo Traditional Tribe of Texas (Tex. App. 2007). “at 235-36 (citing former Miss. Code Ann. § 75-2-617 (1972)). However, as discussed previously, this case does not involve a contract dispute, and Dos Republicas is not attempting to avoid an obligation by invoking a statute excusing performance under a contract.”

Jason Vidal v. State (Tex. App. 2007). “at 235-36 (citing former Miss. Code Ann. § 75-2-617 (1972)). However, as discussed previously, this case does not involve a contract dispute, and Dos Republicas is not attempting to avoid an obligation by invoking a statute excusing performance under a contract.”

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